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Filing an old federal return?

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jpscratches

Junior Member
Trying to understand how much of a pickle I'm really in. I didn't file a return for 2005. The IRS filed a return for me and of course they omitted any deductions or credits and assume I owe $18K plus penalties and interest. Upon review, I've found that I did file a return for 2005 in 2011 but they never acknowledged receipt and I have no proof it was sent. I have the return finished in my files and it shows that I'm owed a refund (but I understand I may have forfeited any right to a refund or credit). Will they recognize a return if it's filed 10 years after the fact? Bad situation since they've filed a tax lien against me.

Thanks in advance for any advise.

JP
 


justalayman

Senior Member
I have the return finished in my files and it shows that I'm owed a refund (but I understand I may have forfeited any right to a refund or credit).
so you are saying you were due a refund but never realized they never sent the refund?

Do you do your own returns or do you hire somebody who does them? If somebody else, they would have record of your return and if they had mailed it or electronically filed it. Well, given it was nearly 10 years ago maybe not but it would surely be worth looking into.
 

LdiJ

Senior Member
Trying to understand how much of a pickle I'm really in. I didn't file a return for 2005. The IRS filed a return for me and of course they omitted any deductions or credits and assume I owe $18K plus penalties and interest. Upon review, I've found that I did file a return for 2005 in 2011 but they never acknowledged receipt and I have no proof it was sent. I have the return finished in my files and it shows that I'm owed a refund (but I understand I may have forfeited any right to a refund or credit). Will they recognize a return if it's filed 10 years after the fact? Bad situation since they've filed a tax lien against me.

Thanks in advance for any advise.

JP
You of course would have forfeited any right to a refund for 2005 at this point, but if you have outstanding tax debt for 2005 based on a return that the IRS filed for you because you did not file one, then its not too late to file the correct return.

However, at this point you are beyond "self-help" and you need to get a tax professional on board to assist you...and it may need to be a tax attorney.
 

jpscratches

Junior Member
You of course would have forfeited any right to a refund for 2005 at this point, but if you have outstanding tax debt for 2005 based on a return that the IRS filed for you because you did not file one, then its not too late to file the correct return.

However, at this point you are beyond "self-help" and you need to get a tax professional on board to assist you...and it may need to be a tax attorney.
Thanks, appreciate the feedback. Why do you assume I'm beyond "self help?" Will the IRS be adversarial or will they be willing to work with me?

Even though I cannot get a refund, will they be willing to credit the refund that would have been due to other year's tax obligations?

Thanks,

JP
 

davew128

Senior Member
Thanks, appreciate the feedback. Why do you assume I'm beyond "self help?" Will the IRS be adversarial or will they be willing to work with me?
It means you shouldn't be doing this yourself.

Even though I cannot get a refund, will they be willing to credit the refund that would have been due to other year's tax obligations?
You're not entitled to the refund in any way shape or form. Period.
 

jpscratches

Junior Member
It means you shouldn't be doing this yourself.

You're not entitled to the refund in any way shape or form. Period.
I'm not expecting a refund. What I asked is if whatever funds might have been refunded may be used against any future tax obligation.

"It means you shouldn't be doing this yourself" is a non-answer. It'd be easier to simply say "yes, they'll be adversarial" or give me a reason why this is beyond my depth.

Thanks anyway.

JP
 

LdiJ

Senior Member
I'm not expecting a refund. What I asked is if whatever funds might have been refunded may be used against any future tax obligation.

"It means you shouldn't be doing this yourself" is a non-answer. It'd be easier to simply say "yes, they'll be adversarial" or give me a reason why this is beyond my depth.

Thanks anyway.

JP
Ditto what Dave said. The questions you are asking make it clear that you have no business attempting this on your own.

However, no refund means NO REFUND.
 

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